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HomeMy WebLinkAboutMin - CC - 1989.02.223L7 BURLINGAME, CALIFORNIA February 22, 1-989 CALL TO ORDER Mayor Amstrup asked Public Works Director Ralph Kirkup to introduce the new Chief Building Inspector Franklj-n Means. Mr. Means invited Council to visit him any time vrith questlons they may have about the building department operation. REHEARING OF SPECIAL PERM]T FOR REAL ESTATE OFFICE AT 1440 CHAPIN City Planner reviewed her memo of February 9 which recommended coun-cil hold a public hearing and take action. David Harrison of Patson Development Company, owner of office building at 1440 Chapin Avenue,is reguesting a conditional use permit in order to aIlow 7,168 square feet of the 44,000 square foot office building to be used forresidential real estate brokerage office in area zoned C-1 subareaB-1. A conditional use permit has been required since 1987 becausereal estate uses have been identified as being office uses which areparking intensive. The parking demand generated by this request is 1 parking space to L1"9 square feet compared to code requirement of 1parking space to 300 square feet. A use permit goes with theproperty and not with a given tenant. Planning Commission deniedthe application in october 1988, and on appeal council subsequently acted in November to deny $rithout prejudice. The applicant firstproposed to give a total of 22 on-site parking spaces with possible use of 17 more. The current proposal allows for use of 30 on-siteparking spaces. Councilwoman Barton stated she would abstain from discussing orvoting on this matter because of a conflict of interest. councilman Pagliaro inquired of City Pl-anner if owner is willing to let Iay fa1low a certain percentage of building that is now unrented becauseof the lack of parking spaces since the proposed use uses more thanits share at 1 parking space to 300 square feet. City Plannerreplied that the owner has not offered that alternative. Mayor Amstrup opened the public hearing. David Harrison, Patson Development Company, thanked Council for aI- lowing them to be heard on the matter. He stated that the firm of T,JKM v,ras engaged to conduct an independent parking study and wouldreport the findings to council. He stated the building is leased tothree long-term tenants and that they are not using their fuII ratioof parking. He indicated that there is more than enough parkingavailable for Grubb & E1lis. Because of the delay in this applica-tion, his firm is losing $13,000 a month in rent. In the spirit ofcooperation and in connection with the crubb & EIIis lease, he of-fered to open the ground floor parking level to public parking onweekends to relieve the public parking problem in the area. He asked that council reconsider the use permit. A duly noticed regular meeting of the Burlingame City council was held on the above date in the city HaII council Chambers. The meet- ing was cal]ed to order at ?:33 p.m. by Mayor Irving S. Amstrup. PLEDGE OF ALLEGIAI.ICE TO THE FLAG Led by Planning Commissioner Mike Ellis in the audience. ROLL CALL COUNCILMEMBERS PRESENT: AMSTRUP, BARTON, LEI4BI , MANGINI , PAGLIARO COUNCILMEMBERS ABSENT: NONE MINUTES Minutes of the Regular Meeting of February 5, 1989, were approved. PRESENTATION OF CHTEF BUILDING INSPECTOR 318 Steve Weinberger of TJKM, representing Patson Development, reported the findings of the traffic and parking survey. Survey was con- ducted in the vicinity of the 1440 chapin building on wednesday and Thursday of the previous week during peak business hours before and after the lunch hour. on and off street spaces were surveyed. Chapin lots were used less than those in the Primrose area. He noted that the office space j-n the 1440 Chapln building is presently 47t occupied and the parking is 27% occupied. AIso surveyed was the crubb & El1is office at 400 Primrose and parking hours was Monday afternoon from 1 a maximum number of 19 people. He state 1440 Chapin building would generate 131 hours and there are 155 spaces supplied. was found that the peakp.m. to 2:30 p.m. with hat fully occupied the ked vehicles during peak these the crubb & EIIisk hours which isb & E1lis leavingfice, they found 4,000 square foot ir :30dr par of office would generate 11 parked vehicLes during the peak which is 8 less than are currently being generated. councilman Paglj-aro stated his concern that the current Grubb & EI- Iis office be used for something other than a high parking impact office would generate 25 parked vehicles during pea 83% occupancy for their 30 spaces. Based on Grub the 400 Primrose office and a new tenant in that of that based on more modern office occupancies the use such assultant did consideredstated that the city supportinthe city'would bebitrary. ar not to the out og this par pen she ea1 estate office. He inquired why the traffic con- conduct the survey during the lunch hour which isbe Burlingame Avenuers peak hour. Mr. Weinbergery wanted to survey parking conditions when people were in their offices during business hours. He noted that during Iunch hours, office people tend to leave the premises. Councilman Pagliaro reiterated that the lunch hour is the most heavily impacted time for on street parking. Doug Mcceorge, Manager of Grubb & Ellis office, commented on the crubb & El1is Burlingame office being the flagship of the Grubb & El1is fIeet. He felt that they have become victims of their own success and are being penalized for their success by not being al- lowed to expand. He stated that the survey showed there was not an intense use at any given time with the exception of Monday morning during sales meetings. He asked council to consider the new evidence and allow them to make their move. Phyllis Andelin, attorney representing Patson Development company, indicated that the facts presented to council tonight were not prevously presented. she noted that there is ample parking for the tenants on the 1440 Chapin site and that the new location of Grubb & Ellis would alleviate the parking problem in downtown Burlingame. She urged council to look at the facts carefully and to not make their decision based on speculation. She stressed the IegaI sig- nificance of the matter and that council should exercise their discretion IawfuIIy. She stated that if council exercised their discretion in an arbitrary or unreasonable way, the eity and the people making the decision would be unnecessarily exposed to Iiability. She noted that Patson Development did not want to sue anybody, but only to use their building. She indicated that the relocation of Grubb & EIIis would alleviate a severe parking situa- tj-on on Primrose and free up spaces for retail merchants on Prim- rose. To not allov,l them to move would force a long-time tenant of f the city. She urged council to read the petitions s move. She indicated that the building conformed to king requirements. To deny the use of the building alizing the building owner and could be seen as ar- stated that the development company followed every code and requirement in building the structure. She noted that the offer by the owner to allow free public off-street parking on the weekends is made in the spirit of cooperation. She felt that a ra- tionally based decision would allow the applicant to continue with their proposed use. Dolly Toms, 731 Newhall, Hillsborough, addressed council in support of the matter on behalf of Grubb & Ellis and thanked them for the chance to be heard. She stated that being a part of the city was important and that they wanted to increase their business. Jim Karel, 1469 Bel1evue, resides and works in Burl-ingame. Ex-pressed to council his concern about the parking situation and how much he cares for this town. He offered his fuII support for this proj ect . Mayor Nnstrup closed the public hearing. councilman Pagliaro complimented Mr. Harrison's presentation. He disagreed vrith the statement that Grubb & Ellis t as treated un-fairly. He felt the idea of the parking study was an excellent idea and Mr. weinberger made a good presentation; however, the peak houris the lunch hour as far as on street parking is concerned. Hestated that he appreciated Mr. Mcceorge and Ms. Toms for attending the meeting. He indicated that he did not appreciate the corunents made by Ms. Andelin or being lectured by a feIlow member of the Bar as to what the law is. Councilman Pagliaro noted that in an effortto help Grubb & Ellis and Patson, he suggested that if they couldget some tlz1re of agreement from the other office that it might be amitigating cj-rcumstance. He noted that another real estate use could move into the present crubb & EIIis office without councilpermission and there would be two highly impacted office uses r^'here there is presently one. He is not prepared to overturn the planning commission. Mayor Amstrup agreed with councilman Pagliaro, and hoped Grubb & EI-lis would decide to stay in Burlingame. The decision was not aimedat Grubb & Ellis but to alleviate a parking problem. councilman Mangini stated that his strongest platform in the past 20 years has been the alleviation of the parking problem dobrntown. He noted thatrules of the code must be met to grant a conditional use permit and he felt that this projected use permit did not meet the requirementsfor this area. Councilman Lembi agreed with the comments made by the other council- members; however, he favored the move by Grubb & Ellis to this loca-tion because of an opportunity to help alleviate the parking situa-tion. He speculated that there may not be another tenant moving into the vacant site who is as heavily intensified in use as Grubb & -E;_Lrl-s. Councilman Mangini moved to deny the special permit for real estateoffice at 1440 Chapin. seconded by councilman Pagliaro, the motioncarried 3-1-0 on roll call vote, Councilman tembi voting no and Councj.lvroman Barton abstaining. Mayor Amstrup called a recess at 8:35 pm. The meeting reconvened at 8:45 pm. APPEAL OF THREE VARIANCES FOR A SECOND STORY ADDITION AT 143 DI,II GHT City Planner reviewed her memo of February 10 which recommendedcouncil hold a public hearing and take action. John and Diane Barnes are requesting three variances so that they can make a 305 square foot family room study addition on the first floor and a 940 square foot tr^ro bedroom bath addition on the second floor of theirhouse. The first variance is required because the first floor addi-tion wiII be built to the side property line where a six foot side setback is required. The second variance is required because the dormers on the second floor wiII create habitabLe space outside thedeclining height envelope and the third variance is for the amountof habitable area inside the dormer which is outside of the declin-ing height envelope. The request is for 72 square feet and the code allor4rs 35 sguare feet. The project proposes no change to the exist-ing detached garage and it does meet the current parking require- ment . Councilwoman Barton had viewed the house and asked if the firstfloor addition would be to the property line. City Planner con-firmed that the first floor addition would be to the property line, and not beyond as is the existing house. Councilman Lembi asked for clarification on the second andvariance. city Planner explained the dormers on the upperplan would be setback three feet from the legal property thirdfloorIine. 319 320 Councilman uangini inquired what are the reasons for the threevariances. City Planner confirmed that the applicants presently have a building permit for a second story addition that meets code requirements. Mayor Amstrup opened the public hearing. Bill Van Husen, architect representing applicants, spoke to council on the project. He clarified the square footage of the project and the variance plans. He noted that since the project vras permittedprior to the declining height ordinance, the request for variance was not for the total square footage but for a percentage of that.He noted the unusual circumstance of the property being on a zerolot line. Considering the age of the house and specific architec-tura] character of the interior and exterior, the applicant has beenlimited to certain areas of construction regarding setback restric-tions and lot line conditions. Councilman Pagliaro asked Mr. Van Husen if the addition would be constructed over the property line into the easement. Mr. Van Husen stated it would not. city Planner noted that the applicant IegaIIy cannot build over the property Iine. John Barnes, applicant, asked if council had any questions. coun-cilman Mangini inquired if the greenhouse would be moved. Mr. Barnes stated it would be moved to the front. Councilman Mangini then asked if that was permissible. city Planner stated that it wasnot permissible to put a structure in the front setback without avariance. Council!,roman Barton stated she had no problems with thefirst floor variance . Councilman Pagliaro inquired of Mr. Barnes if he had discussed theproject with his neighbor. Mr. Barnes stated that his neighbor had submitted a letter of support. Mayor Amstrup closed the public hearing. Councilman Lembi complimented the applicantsthey did on designing this project andvariances. Seconded by Councilman Pagliaro, on roll call vote. for the outstanding job moved to approve the the motion carried 5-0 APPEAL OF FENCE EXCEPTION AT 1152 CABRILLO AVENUE Item continued to March 5 Council meeting. SECOND READING - ORDINANCE 1387 - STOP SIGNS AT BROADWAY A}ID CORTEZ Pub1ic Works Director reviewed his memo of January 31 in which theTraffic Safety and Parking commission has recommended installationof stop signs at this intersection and staff has recommended against the action. Councilman Pagliaro inguired if there were stop signs presently atCortez. Public Works Director confirmed there $rere stop signs oncortez at Broadway; this ordinance lvould install two stop signs on Broadway at Cortez. Mayor Amstrup opened the public hearing. Betty Blumer, !702 Broadway, spoke in favor of the stop signs. She stated that she and her neighbors would like to see the traffic on Broadway slowed down. Donald Ruggiero, 1720 Broadway, also spoke in support of the stop signs. Mayor Amstrup closed the public hearing. Councilman Pagliaro fel-t that allowing a stop sign at every inter- section would bring traffic to a dead stop. He questioned the logicin so many stop signs. Councilman Lembi felt it was appropriate at this time to allow the stop signs at this location, but he cautioned not to place too much confidence in stop signs since people often go through them. Councilman Lembi moved to install stop signs as requested. Mayor Amstrup seconded the motion stating it was a necessity at this cor- ner. The motion carried on a 5-0 roll call vote. SPE CIAL PERMIT FOR AMATEUR RADIO ANTENNA AT 733 PLYMOUTH Mayor Amstrup noted that council will hold a closed session on this matter at the end of the meeting after the public hearing. city At- torney reviewed his memo of February 14 in which he recommended council adopt a resolution issuing a special permit to Vernon Howard for an amateur radio antenna at 733 Plymouth way. He noted that the matter has been in litigation since council denied the special per- mit in September 1987. He stated that the matter of attorneys fees, in which Mr. Howard feels he is entitled to $19,000+, has not been resolved. Mayor Amstrup opened the floor for comments. Mr. vernon Howard, 733 Plymouth way, gave a lengthy review of his efforts to receive a special permit for his amateur radio antenna. He described in great detaiL the valuable service amateur radio operators perform in emergency situations. He requested council or- der pal.ment of his attorneys fees so that this matter may be put in the past. Councilman Pagliaro asked Mr. Howard if he would be willing to sider a height limitation between the allowabfe 25 feet and 51 requested. Mr. Howard replied negatively. Councilman Pagliaro asked if Mr. Hovrard was wilting to consider a limitation of h the antenna would be at full extension. Mr. Howard replied n tive Iy. Mayor Amstrup closed the hearing and explained that counciL will into executive session at the conclusion of the meeting. con-feet then ours ega- go CONSENT CALENDAR Councilman Pagliaro stated that he would abstain from voting on item h-2 because of a potential conflict of interest. a. INTRODUCTION OF ORDINANCE 1388 - REvIEw PROCEDURES FoR SECOND STORY ADDITIONS IN HILLSIDE AREAS City Ptannerts memo of February 16 recolunended council introduce ordinance 1388 for public hearing at the next regular meeting on March 5. b. RESOLUE]ON 18-89 ACCEPTING COMPLEEION OF HIGHWAY ROAD PEDESTRIAN BRIDGE CP 623 Public workts memo of February 9 recommended council approve resolution accepting compLetion of the Highh,ay Road Bridqe con-tract by Cunningham & Sons in the amount of $12,666.80. c. RESOLUTIoN 19-89 AWARDING BID FOR 1989 STREET REPAfRS - CP 817 Public work's memo of February 10resolution awarding contract for facing program to G. Bortolotto & $303,466.89. recommended council approve 1989 street repair and resur- Company in the amount of d RESOLUTION 20-89 AGREEMENT FOR TESTING SERVICES FOR 1989 STREET REPAIRS - CP 817 approveInc in RESOLUT]ON 21-89 AGREEMENT WITH PG&E FOR RAISING POWER LINES cP 70050 Public work's memo of February L5 reconunended council adoptresolution authorizing City Manager to execute agreement forraising the northerly power line at a cost of $47,000. 32I Public work's memo of February 10 recommended councilresolution authorizing agreement $rith Testing Engineers, the amount of $23 ,622. f RESOLUTION 22-89 AGREEMENT W]TH SP RA]IROAD FOR ]NSTALLATION OF WATER MAIN UNDER TRACKS - CP 76132 Public work's memo of February 14 recommended council adoptresolution authorj-zing City Manager to execute agreement vrith Southern Pacific Transportation Company. RESOLUTION 23-89 AGREEMENT FOR SERVICES FOR WATER SYSTEM DESIGN- cP '122 Public workrs memo of February 1-5 recommended council approveresolution authorizing agreement with Tesco Associates in the amount of $19,500 for professional design and construction serv- ices. h. DENIAL OF CLAIMS - (1) A. MOCK; (2) OLD REPUBLfC INSURANCE City Attorney's memo of February 1 recommended denial of 1) A.Mock's claim for damage to her in a coll-ision on December 24 at Broadway and Rollins Road; and 2) old Republic Insurance's claimregarding San Mateo county Cities Insurance Joint Powers Authority. i. CITY INVESTMENT POLICY city Treasurerrs memo of February 9 recommended council approve the policy as required by state 1aw. s )FINAL CONDO MAP - ].221 OAK GROVE Public workrs memo of Eebruary 15 recommended council approvefinal condominium map for t22L oak Grove Avenue. K. TENTATfVE AND FINAL PARCEL MAP FOR RELOCATION OF LOT LINES FOR TWO PARCELS AT 1755 BAYSHORE 810 MALCOLM Public workrs memo of February 15 recommended council concurwith the Planning commission and approve the map showing therelocation of the boundary betrr,een two existing parcels to form two different parcels. 1. WARRANTS A},ID PAYROLL Finance Director recommended approval of warrants 2022 - 2427 duly audited, in the amount of $489,131.48, and Payroll Checks 11559 - 72286 for the month of January 1989, in the amount of $7 42,126.77 . Councilman Mangini moved approval- of the consent calendar. by Councilman Lembi, unanimously approved by voice vote. Seconded OLD BUSINESS Councilman Lembi requested that warning signs be posted in the loca-tion where the two new stop signs would be installed. Public Works Director confirmed this would be done. NEW BUSINESS Councilman Mangini spoke in favor of the Broadway Merchants requestfor stop signs on Broadway at Paloma and asked that it be sent to the Traffic Safety and Parking commission for their corunents and ad-vice only. Councilman Pagliaro apprised council of the $150 annual dues payment made by the city to the International society of stress and re- quested information from staff. Councilman Lembi received several phone calls from elderly citizens regarding the BFI recycling bins. He agreed with their concerns over the added cost for this service as being a hardship for senior citizens on fixed incomes, especially when 1ts a voluntary service that many of them may not use. It t as requested that this item be placed on a future study agenda for discussion. 322 323 a b ACKNOWLEDGMENTS commission Minutes: February l- 3 . Beautification, February 2; P1anning, Department Reports: Building Inspection Report, January 1989. c. Proclamations: Curbside Recycling Month; woments Hal1 of Fame; Arbor Day. Mayor Amstrup congratulated Civil Service commissioner clara Crook on her appointment to the women's HalI of Fame. d. Letter from Turner-Hittenberger regarding camphor trees. Mayor Amstrup noted that manufacturers of foam cups chlorof luorocarbons from all plastic foam cups release of chemicals into the atmosphere. have removedto diminish the e f Letter from Kathleen Beerbohm requesting smoke free restaurants. noise from over-Letter from Dr. Btoom regarding airplane flights. council$roman Barton asked city Manager to draft a reply to Dr. BIoom. s. Letter from National Arbor Day Foundation notifying Burlingame is designated Tree city USA for tenth year. Councilman Lembi thanked council and staff for sending a plant to him during his foot surgery. FROM THE FLOOR There were no conunents from the floor. CLOSED SESSION Mayor Arnstrup recessed to closed session at 9:55 pm. RESOLUTION 24-89 - SPECfAL PERM]T FOR AMATUER RADIO ANTENNA AT 733 PLYMOUTH Mayor Amstrup reconvened the meeting at 10:44 pm. councj.Iwoman Bar- ton asked Mr. Howard if he would be willing to l-o!,rer his antenna during the daytime hours. Mr. Howard replied no. Councilman Lembi asked Mr. Hohrard if he envisioned Iowering his antenna during any 24-hour period to any height less than 51 feet. Mr. Howard replied that he would lower the antenna during non use hours. councilman Mangini moved to accept Resolution 24-89 issuing a spe- cial permit to Mr. Howard, and Councilwoman Barton seconded the mo- tion. councj-lman Pagliaro was of the opinion that the proposal made by the City Attorney was not in congruence with the spirit of the judge's order suggesting compromise on both sides. He felt that council was willing to compromise with Mr. Howard as shown in the conditions; however, Mr. Howard was not so wi11ing. The motion carried on 3-2 roII call vote urith Councilman Pagliaro and Mayor Amstrup voting no. ADJOURNMENT The meeting was regularly adjourned at 10:49 p.m Judith A. Malfattcity clerk vmy